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In February 2013, the company Obrascón Huarte Lain (OHL) in consortium with two other entities carried out a project for Gdańsk City Municipality - Gdańskie Inwestycje Komunalne sp. z o.o. entitled Construction of a road link between Gdańsk Airport and the Port of Gdańsk - Trasa Słowackiego, Task II, ul. Potokowa - Al. RzeczpospolitaSection. OHL provided a bank guarantee for proper performance of contract that clearly listed the circumstances in which it could be enforced.
Less than a month before the guarantee expiry date, the municipal company sent the guarantor a demand for payment to be made under the guarantee but without indicating what OHL's alleged failure to perform its contractual obligations involved. The guarantor met the demand.
After an attempt to resolve the dispute amicably failed, OHL filed a claim for payment with the Regional Court in Gdańsk against the contracting authority for redress of damage. The court issued an order for payment to be made to OHL against which the municipal company appealed.
During the process, OHL proved that the contracting authority had had no grounds for demanding payment under the guarantee and thus that the municipal company was in breach of the contract, leading to damage to OHL. On 30 January this year, the court generally upheld OHL's claim in full, though the judgment is not yet final and non-revisable.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: firstname.lastname@example.org.
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